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ON THE PROTECTION OF BIODIVERSITY IN EUROPEAN LAW

ON THE PROTECTION OF BIODIVERSITY IN EUROPEAN LAW

Author(s): Anita Paulovics / Language(s): English / Issue: 1/2008

Over recent decades, humanity has benefited enormously from economic development1, which has enriched our lives. However, much of this development has been associated with a decline in both the variety and extent of natural systems — of biodiversity.2 This loss of biodiversity, at the levels of ecosystems, species and genes, is of concern not just because of the important intrinsic value of nature, but also because it results in a decline in ‗ecosystem services‘ which natural systems provide. These services include production of food, fuel, fibre and medicines, regulation of water, air and climate, maintenance of soil fertility, cycling of nutrients. In this context concern for biodiversity is integral to sustainable development and underpins competitiveness, growth and employment, and improved livelihoods. The European Union‘s 25 Member States cover an area of over 4 million km2 stretching from the Artic Circle in the north to the warm Mediterranean waters in the south. From the wave-lashed Atlantic coast to the snow-capped Alpine peaks, the EU includes a vast range of natural habitats and a great diversity of flora and fauna. Our natural heritage includes several thousand types of habitat, 150 species of mammal, 520 species of bird, 180 species of reptile and amphibian, 150 species of fish, 10 000 plant species and at least 100 000 species of invertebrate. Yet, in comparison with other regions in the world, these numbers are relatively small. Europe is the most urbanized and, together with Asia, the most densely populated continent in the world. These factors have exacted a toll. Despite the improved conservation policies introduced in the Member States, the EU‘s precious ‗biodiversity‘ – essential for supporting life on the planet – continues to be under serious threat. Poor planning, wasteful land-use and intensive farming methods have resulted over the years in the destruction of many natural habitats such as wetlands, which many wild species depend upon for their survival.

THE PRIORITY PRINCIPLE FOR THE APPLICATION OF EUROPEAN LAW IN RELATION TO NATIONAL CONSTITUTIONAL LAW

THE PRIORITY PRINCIPLE FOR THE APPLICATION OF EUROPEAN LAW IN RELATION TO NATIONAL CONSTITUTIONAL LAW

Author(s): Ioan Ciochina-Barbu / Language(s): English / Issue: 1/2012

Keywords: law; European; priority; application; constitutional; national

The European law is an integral part of the legal system of Member States and it must be applied by their courts, stated the Justice Court of the European Union in its jurisprudence. The EEC Treaty established its own legal order, integrated into the legal system of the Member States from the time the Treaty entered into force and which is imposed to their courts. Through the introduction of a community with unlimited time, equipped with its own institutions, personality and legal capacity, with a capacity of international representation and, more precisely, with real powers originating from a limitation on sovereignty or from a transfer of competences from the member states to the Community, they have limited their sovereign rights and have thus created a body of law applicable to their nationals and themselves. The transfer of rights and obligations corresponding to the Treaty’s dispositions, which were carried out by the States from their national legal order in the benefit of the community’s legal order, determine, therefore, a definitive limitation of their sovereign rights. Consequently, if a national rule is contrary to a European provision, the authorities of the Member States must apply the European disposition and the national norm is neither canceled nor repealed, but its mandatory force is suspended.

EU Law Flexibility – A European and Czech Law Perspective

EU Law Flexibility – A European and Czech Law Perspective

Author(s): Pavel Svoboda / Language(s): English / Issue: 14/2011

European law flexibility makes it possible to change the rules of conduct set out in an act of greater legal force by means of an act of lower legal force. Among various cases of such legal flexibility, Article 48(6) TEU attracts special attention because it concerns changes of the EU founding treaties in the form of a Council decision – an EU secondary law act. This case of flexibility provokes consequences not only within the EU legal system, but in national law as well, as demonstrated in this article using the case of Czech law.

Custom in European Union Law

Custom in European Union Law

Author(s): Paweł Marcisz / Language(s): Polish / Issue: 54/2012

Polish Bibliography of International and European Law

Polish Bibliography of International and European Law

Author(s): Author Not Specified / Language(s): English / Issue: 31/2011

Keywords: bibliography

A list of Polish publications on international and European law in 2011

Comparative law and European Union law commonalities and dissimilarities

Comparative law and European Union law commonalities and dissimilarities

Author(s): Ciasc Rustin-Petru / Language(s): English / Issue: 01/2013

Keywords: European Union law; comparative law; international law, principle of law; Court of Justice.

The main objective of this paper consists in the reflection of the interdependence between comparative law and the law of the European Union, with necessary references to the foreign law, international law or European Union law, trying to emphasize the fact that - despite the peculiarities of each of these law branches with elements of transnational specificity - between them resides connections which reach the same common law principles. In the content of the paper, it is also presented a general perspective of the different characteristics of these types of legislations, the concepts could not have been misinterpreted, given the numerous citations of other papers that have analyzed the respective law branches from an exclusive perspective. Therefore the current paper aims at outlining the existence of the inter linkages between these law branches, offering a different analytical approach to some information previously treated individually and from a stiffer perspective.

Workers’ Representation in European Law

Workers’ Representation in European Law

Author(s): Monika Tomaszewska / Language(s): / Issue: 60/2015

Keywords: workers’ representation; the European law; the Treaty of Maastricht; the European Community; Member States; the Charter of Fundamental Rights of the European Union; the Lisbon Treaty; the European Union; European Works Councils

The author presents an analysis of the workers’ representation in the European law. Firstly, the legal basis of workers’ representation in the European law until the adoption of the Treaty of Maastricht and after adoption of that Treaty is described. Until the changes made by the Treaty of Maastricht, the employees’ right to information and consultation remained in the sole competences of Member States. The competence of the European Community in that field was recognized in the Maastricht Protocol on Social Policy. In 1989 the Community Charter of the Fundamental Social Rights of Workers has been adopted, thanks to which the rights of workers and their representatives to information and consultation grew in importance, becoming one of the objectives of the European Community and its Member States. Next, there were adopted directives concerning the establishment of European works councils and providing a basis for the setting of framework conditions of employee information and consultation. At the summit of Nice in 2000, the Charter of Fundamental Rights of the European Union was adopted. Since the conclusion of the Lisbon Treaty it has become a part of the EU law, with binding force being equal to the force of the Treaties themselves. After the analysis of the legal basis, the author comments the notion of workers’ representation in the law of the European Union. In that field, the European Union has in competences that are shared with or exercised parallel to Member States, exercised according to the criterion of proportionality and the principle of subsidiarity. The last issue considered by the author are the forms of workers’ participation in the law of the European Union. The most developed forms of participation have been provided for in the directive on the establishment of the European Works Councils and the directive on informing and consulting employees.

CHRISTIANITY CREATED EUROPEAN CULTURE

CHRISTIANITY CREATED EUROPEAN CULTURE

Author(s): Călin ROŞU / Language(s): English / Issue: 06/2015

Keywords: Christianity;Culture;european;feudal;religion

Europe has been the center of European culture.But what made Europe great was the Christian religion that united Antiquity and Middle Ages and opened the gates of the Age of Exploration.Christianity has survived the roman persecution,the barbarian invasions,the fall of Rome,the turks and the vikings.Against all odds it has become the Mark of God’s Will on Earth.Europe and it’s feudal age have been kept strong by the religious fervor that swept aside the poverty and horror following the invasions.But from goths to slavs,from huns to normans ,they all became Christians,Europeans. The Catholic and Orthodox Church have opened the gates of The new World and Asia,setting the stage for the confrontations that would shake the Europe…and turn regional powers into global players.Religion has created european culture!

LAW IN THE EUROPEAN SPIRITUALITY

LAW IN THE EUROPEAN SPIRITUALITY

Author(s): Liviu-Petru Zăpârţan / Language(s): English / Issue: 27/2014

Keywords: Law; Rule of Law; European spirituality; European construction;

Besides Truth, Good and Beauty, Law is a supreme value for the European spirituality, asserted from Antiquity, manifested until today when the role of law becomes essential for the European construction and, at the same time, for the totality of the international relations.

INFLUENCE OF EUROPEAN LAW ON POLISH COMPETITION LAW

INFLUENCE OF EUROPEAN LAW ON POLISH COMPETITION LAW

Author(s): Marek Krzysztof Kolasiński / Language(s): English / Issue: 2/2013

Keywords: influence; European law; Polish law; competition

Over a little more than the last twenty years Poland has undergone a fundamental socio-economic change. That period brought about a shift from a socialist economy to a free market model and Poland was eventually accepted as a member of the European Union. An important element of the reforms was the building of the competition law system, which was an unprecedented operation on a global scale. It should be underlined that the structure of the Polish economy was shaped by almost half a century of ideological monopolization and central planning, which made the introduction of competition law to the economical system a complicated task. The first part of this paper contains a description of the evolution of Polish competition law. Such considerations are a starting point for an analysis concerning the place of competition law in the Polish legal system and its comparison with the European standards. Further points of this article present both an examination of the influence of the EU competition law on the Polish case law as well as an analysis of the areas in which there is a need for further approximation of the Polish competition law to the European Union standards. Finally, general conclusions concerning the influence of the EU competition law on the Polish legal system are formulated. The author makes an attempt to identify the causes of the differences existing between these two legal systems.

DISCRIMINATION BY ASSOCIATION IN EUROPEAN LAW

DISCRIMINATION BY ASSOCIATION IN EUROPEAN LAW

Author(s): Cătălina-Adriana Ivănuş / Language(s): English / Issue: 02/2013

Keywords: Discrimination; discrimination by association; disability; European law; labour law

The European law prohibit direct and indirect discrimination and harrasment on grounds of sex, racial or ethnic, religion or belief, disability, age or sexual orientation. The question is what is the situation when someone is discriminated on can claim to be the victim of unlawful discrimination because he or she is associated with another person who has the protected characteristic. The the Court of Justice of the European Union’s judgment in Coleman v Attridge Law and Steve Law confirms, for the first time in European law, the existence of the concept of discrimination by association. In this article I examine the implications of this case on all concepts of discrimination concepts of discrimination in European law (direct discrimination, indirect discrimination and harassment). I also examine the application of discrimination by association to grounds other than disability.

VALIDATION OF THE DERIVED LAW NORM IN THE EUROPEAN AND INTERNATIONAL LAW

VALIDATION OF THE DERIVED LAW NORM IN THE EUROPEAN AND INTERNATIONAL LAW

Author(s): Alina Leţia / Language(s): English / Issue: 02/2013

Keywords: direct applicability; priority; suveranity; supremacy; Constitution; European juridical order; preliminary decisions

Throughout realizing the study we analyzed the validity of the European law norm resulting from the derived sources of law with obligatory force (regulations, decisions and directives) in connection with the European law norm, the national law norm and the general principles of law considering the jurisprudence of the European Court of Justice and the supremacy of the European Union law also over national constitutions. Thus the European Union represents a new law order, having as subjects not only states member, but also the nationals of these states, who benefit of rights that can be appealed before national courts against public organisms or other private persons and obligations. Therefore, the European Court of Justice has successively imposed the direct applicability of community norms, continuing with the priority of these norms so that in the end the principle of the supremacy of the European law has been adopted. The European norm has to be respected and interpreted in a uniform manner in all states member, considering the fact that the supremacy of the European law over the national law is seen as a sine qua non of the integration, but also a fundamental principle of the Union. National courts guarantee the supremacy of the European norm and its unitary application – aspects analyzed in this study- through the procedure of preliminary decisions.

ADMINISTRATIVE COOPERATION IN EUROPEAN UNION LAW AND POLISH LAW

ADMINISTRATIVE COOPERATION IN EUROPEAN UNION LAW AND POLISH LAW

Author(s): Wiktor Trybka / Language(s): English / Issue: 1/2018

Keywords: European Union; Code of Administrative Procedure; public administration; Treaty on European Union; administrative cooperation;

In EU law, the duty of cooperation between the EU administration bodies andthe authorities of the European Union Member States results from the Treaty onEuropean Union and the Treaty on the Functioning of the European Union. A principleof sincere cooperation is the basis for cooperation between in public administrations atEuropean level. From this rule, the Court of Justice of the European Union has evokedthe obligation of cooperation of national authorities with the EU institutions andauthorities of other Member States. The provisions of the EU law forced the Polishlegislator to regulate the issue of cooperation between state bodies and authorities ofother countries at the national level. European administrative cooperation wasregulated in Polish law in the Code of Administrative Procedure. The proceduralprovisions of administrative law establish a set of standards similar to provisions oninternational legal assistance in civil or criminal court proceedings. Cooperationdoesn’t concern all activities of administrative bodies, but only activities carried out ina specific proceeding. It is usually taken on a proposal, which must contain ajustification. The transmission of information between public administration bodies isusually electronical.

European Corporate Law – Where To?

European Corporate Law – Where To?

Author(s): Maria Dumitru / Language(s): English / Issue: 1/2019

Keywords: European corporate law; comparative corporate law;

In time, there have been attempts in the European Union to harmonize regulations in corporate law matters. In present days, the European company forms are added to the national company forms of organization, which continue to exist in a great diversity, given the fact that from the multiple types of European companies only the European Company (Societas Europaea) gained some sort of success. Therefore, we cannot help but wonder: European corporate law – where to?In an attempt to give a reasoned suggestion for an answer, we will analyze – in a synthetical manner – the past and the present of European corporate law. We will try to identify the influencing factors and – based on those factors – to outline the tendencies in European corporate law evolution.

Transsexuality in the Light of European Law

Transsexuality in the Light of European Law

Author(s): Oana Chicoș / Language(s): English / Issue: 9/2019

Keywords: transsexuality; legal recognition; transgender; gender identity; European Court of Human Rights;

The topic subject of this research is a complex one, and involves not only legal discussions but also psychological, medical, social, and, last but not the least, moral discussions. With regards to the legal recognition of the identity of transsexuals in Romania, we mention that there are legal provisions stipulating the possibility of changing the mention of gender in the identity papers; instead, the category of transsexuals faces both with the absence of clear procedures as well as with lack of information and training specific to these procedures. Considering that the level of information on the topic of transgeneration is low at national level, we consider it appropriate to highlight the terms used for the legal recognition of the gender identity of transgender persons in Romania.

Opinion on the Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions: Strengthening the rule of law in the Union. (...)

Opinia na temat komunikatu Komisji do Parlamentu Europejskiego, Rady Europejskiej, Rady, Europejskiego Komitetu Ekonomiczno-Społecznego i Komitetu Regionów: Umocnienie praworządności w Unii. Plan działania (COM(2019) 343 final)

Author(s): Cezary Mik / Language(s): Polish / Issue: 4/2019

Keywords: law;European Union;

According to the author of the opinion, the communication of July 2019does not, in principle, have direct social, economic or financial implications. Only the implementation of some of its solutions can cause social (related i.a. to image) and financial (resulting from statutory and organisational changes in the event of non-compliance with the rule of law by the Court of Justice of the EU) consequences. Since the document is not a draft legislative act, the author of the opinion believes that the subsidiarity principle does not apply to it.

Redefining the Relationship Between National Law and European Law

Redefining the Relationship Between National Law and European Law

Author(s): Bertrand Mathieu / Language(s): English / Issue: 1/2021

Keywords: national law; European law; relationship between national law and European law

Relations between European legal orders and national legal orders present specificities that call into question the principles dictating how states are governed. As the scope of European activities expands, whether it is the European Union or Council of Europe, the potential for conflict is created. In this context, it is important to redefine these relationships and create regulatory mechanisms. This article aims to suggest avenues in this direction.

GENERAL PRINCIPLES OF LAW – SOURCE OF EUROPEAN UNION LAW

GENERAL PRINCIPLES OF LAW – SOURCE OF EUROPEAN UNION LAW

Author(s): Ovidiu Horia Maican / Language(s): English / Issue: 02/2016

Keywords: European Union Law; principles of law; Court of Justice; European Convention on Human Rights;

In interpreting primary and secondary Union legislation, the Court of Justice of the European Union has developed a number of general principles of law, some based on the fundamental laws of the constitutions of the Member States, some based on principles of international law and some derived directly from the European Convention on Human Rights (ECHR). These general principles of law are also based on the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union. The status of the Charter has been enhanced now that the Charter has been afforded legal recognition by the Treaty of Lisbon through the amended Art 6(1) TEU.

FOOD LAW OF EUROPEAN UNION

FOOD LAW OF EUROPEAN UNION

Author(s): Jovana Tulumović / Language(s): English / Issue: 2-3/2016

Keywords: EU law; food law; Regulation 178/2002; precautionary principle; transparency principle; consumer's right and protection

This article represents the analysis of European Union's Food Law. Due to food crisis that happened in 1990s EU needed a systematic, common regulation of this area. After publishing White Paper and Green Paper, in 2002 Regulation 178/2002 entered into force, being binding, generally applicable for all Member States. This Regulation sets the basic principles of Food Law, and special attention is this article is given to precautionary principle. Transparency principle is also important due to consumer's right and protection that is guaranteed by Treaty of Functioning of EU. In order to ensure food safety, EU authorities established EFSA (European food safety authority) whose works and bodies are also explained in this article. Key definitions and responsibilities of stakeholders in food and feed production are also broadly explained. Food safety has been emphasized and serves as an instrument in order to protect human life and health after the food crisis and scandals that happened in the past.

The ’favor defensionis’ principle in domestic law and European law

The ’favor defensionis’ principle in domestic law and European law

Author(s): Balazs Elek / Language(s): English / Issue: 1/2021

Keywords: criminal procedure; favor defensionis principle;

The principle of favor defensionis (benefit of protection) nowadays basically expresses that the procedural law seeks to eliminate, alleviate and somewhat compensate the disadvantage of the accused by certain sub-provisions. The conceptual element of a fair trial is the principle of equality of arms, which serves the purpose of providing equal opportunities and opportunities for prosecution and defense in the course of criminal proceedings. However, the defense is clearly at a disadvantage and it is therefore necessary for the person responsible for the predominance of state power to have adequate means to debate the charge